I work in a blogging company & Run blog at Home - Legal Problem?

Discussion in 'Legal Issues' started by learn2earn, Jul 10, 2011.

  1. #1
    Hi,

    I am working in blogging company and my work is write on general tech topic, A one or two hours at home working for my own blog. Everything was fine, but the blogging company is making things big now and they want to go in legal way.

    According to them Non Compete clauses I should shut down my blog and should work for only on their blog. So is that right in business?
     
    learn2earn, Jul 10, 2011 IP
  2. gr8liverpoolfan

    gr8liverpoolfan Notable Member

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    #2
    Was there anything to this effect in the contract you signed with the company when you were appointed?
     
    gr8liverpoolfan, Jul 10, 2011 IP
  3. Your Law School

    Your Law School Guest

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    #3
    Non Compete clauses are common and are often legally binding if you signed something with the Non Compete clause you may be stuck.
     
    Your Law School, Jul 10, 2011 IP
  4. brentb

    brentb Peon

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    #4
    It also matters if you intend to make money from your blog. If you are not using your own blog to make money then I believe you are ok (I am not a lawyer). If its for free you technically aren't competing. I believe in the legal context competing means you must be trying to make money in the same business as theirs. So if you aren't making or trying to make money you are not competing.

    Also, internet non compete clauses and non compete clauses are often legally binding HOWEVER their scope is often not upheld. So if you sign a non compete with a blog company saying you cannot compete for 10 years, a court will most likely make it enforceable for 1 year. So build your blog w/o making money, if you quit or something, just wait a year and then toss some ads up on that baby or whatever you wanted to do.

    Hope that helps...
     
    brentb, Jul 11, 2011 IP
  5. Business Attorney

    Business Attorney Active Member

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    #5
    Honestly, if your job is important to you, you should consider doing what the company wants.

    If you don't want to give in to the company's demands, you need to have a lawyer who is familiar with the laws of the jurisdiction that governs the contract. Laws restricting competition can vary tremendously from one jurisdiction to another, and a seemingly inconsequential difference in wording can change the result 180 degrees.

    Anyone who believes that they can answer your question without seeing the language of the contract and knowing the law of the applicable jurisdiction is kidding themselves and you.
     
    Business Attorney, Jul 12, 2011 IP